Fake v. Edgerton
The Superior Court of New York City
The defendant, Edgerton, who alone answered, moved in October, 1856, to set aside an inquest taken on the 27th of the previous June. The taking of it was not only known at the time, but the defendant then moved for a postponement of the trial, which motion was denied. The present motion was not made until after an execution against property had been issued and returned unsatisfied, nor until after some six weeks subsequent to his arrest upon an execution against the person.
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The defendant, Edgerton, who alone answered, moved in October, 1856, to set aside an inquest taken on the 27th of the previous June. The taking of it was not only known at the time, but the defendant then moved for a postponement of the trial, which motion was denied. The present motion was not made until after an execution against property had been issued and returned unsatisfied, nor until after some six weeks subsequent to his arrest upon an execution against the person. The action was "brought for goods sold and, delivered by the plaintiff to the defendants, and the defence was, that they…
1Opinion of the CourtWoodruff, J.
The defendant, Edgerton, moves to set aside an inquest in the above action, taken on the 27th day of June last. The case was on the calendar of the previous day, but was postponed upon the application of the defendant, in consequence of the engagement of his counsel in the United States District Court. An effort was made on the 27th, by the defendant, Edgerton, (who alone had put in an answer,) to procure .a further postponement, but the grounds of the application were not deemed sufficient, and the cause was therefore called, and the defendant not appearing, the plainfiff proceeded to an…
2Cited by2 opinions
- Macomber v. Mayor of New YorkThe Superior Court of New York City · 1860
- Wilkins v. Beadleston & WoerzNew York Supreme Court · 1900